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Can I live in Belgium

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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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stephany
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Posts: 4
Joined: Wed Jul 23, 2008 2:54 am
Location: Jordan
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Can I live in Belgium

Post by stephany » Tue Apr 21, 2009 1:34 am

im dutch citizen living in Jordan since June 2006 I have daughter also with a dutch nationality. My husband has Jordanian nationality. We want to go to live and work in Belgium.

Will that be possible? please give me the steps of how to do that?..
thank you

ca.funke
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Posts: 1414
Joined: Sun Feb 10, 2008 11:05 am
Location: Zürich, CH (Schengen)
Belgium

Re: Can I live in Belgium

Post by ca.funke » Tue Apr 21, 2009 7:13 am

stephany wrote:im dutch citizen living in Jordan since June 2006 I have daughter also with a dutch nationality. My husband has Jordanian nationality. We want to go to live and work in Belgium.

Will that be possible? please give me the steps of how to do that?..
thank you
Yes, you can.

All you need is in Directive >>2004/38/EC<< and scattered around the forum.

I personally moved to Belgium with my Lebanese wife. We had two minor problems which had no practical consequences whatsoever:
  • First, if your husband wants to work immediately you may run into problems - my wife had to wait for 5 months to be allowed to work, but we weren't in a rush so we didn't care. If this a problem for you, talk to a lawyer _immediately_ after you receive your husband's preliminary "verblijfkaart". I'm sure after some legal battle you will get compensation for illegally being denied access to the labour market. Given current economic conditions this may even work in your favour ;)
  • Second, according to Belgian law you may not leave Belgium for roughly 5 months. (How ridiculous is that :roll:) We just ignored that and even left Schengen, no problems at all.
If you need to know about that in Detail (you're Dutch, so I guess you speak it?) you can find relevant info in the "Koninklijk besluit van 8 oktober 1981 betreffende de toegang tot het grondgebied, het verblijf, de vestiging en de verwijdering van vreemdelingen".

In this regard I lodged the following complaint with the European Commission to which, of course, I got no reply, but it explains what I mean:
---------- Forwarded message ----------
From: Christian
Date: Sat, Oct 25, 2008 at 01:43
Subject: Complaint against the Kingdom of Belgium
To: EU Commission - Complaints <sg-plaintes@ec.europa.eu>

Dear Sir or Madam,

I am a Belgian/German citizen, living with my Lebanese wife in Belgium.

Upon arrival in Belgium we filed an application for a residence-card in accordance with Article 10 of Directive 2004/38/EC.

We were told that this will be treated according to Article 52 of the Royal Order of 08th October 1981.

The Belgian law provides that my wife immediately receives a "proof of registration" ("attest van immatriculatie model A"). This card mentions that my wife is not allowed to work, which directly contradicts Article 23 of Directive 2004/38/EC.

We were told that other provisions, possibly §3 of Article 52 of the Royal Order of 08th October 1981, mean that we are not allowed to leave Belgium during the timespan (§4 - up to five months) in which our application is pending. As territorial or travel-restrictions are not mentioned anywhere in the Directive, this must equally be contradicting the Directive should it be Belgian law.

Please investigate if Belgium is in breach of Directive 2004/38/EC in this regard.

Thanks and regards, Christian
If you have questions, just ask. :)

Regards and all the best, Christian

Directive/2004/38/EC
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Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Re: Can I live in Belgium

Post by Directive/2004/38/EC » Tue Apr 21, 2009 10:18 am

stephany wrote:im dutch citizen living in Jordan since June 2006 I have daughter also with a dutch nationality. My husband has Jordanian nationality. We want to go to live and work in Belgium.

Will that be possible? please give me the steps of how to do that?..
thank you
Your husband will require a visa. It must be issued for free, quickly and easily by the belgian embassy. You will need to present proof of your citizenship (your passport or ID card), your marriage certificate, and your husband's passport.

Note that once you have worked in Belgium for a while, you can easily move back to the Netherlands (on the basis of the same EU law) and your husband will not need to do the language and culture tests.

Let us know if you have any problems.

And be sure to read up on Directive 2004/38/EC

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